USCIS Memo Outlines Employer-Employee Relationship for H-1B Purposes
The United States Citizenship and Immigration Services’ (USCIS) Associate Director for Service Center Operations has issued a detailed memo (pdf) regarding how to determine, when evaluating H-1B visa petitions, whether an employer-employee relationship exists and will continue to exist. The memo, which is addressed to USCIS Service Center Directors, discusses:
- scenarios that do and do not represent a valid employer-employee relationship;
- documentation to establish the employer-employee relationship;
- requests for evidence to establish the employer-employee relationship; and
- regulatory compliance.
